Legal Opinion
Tamburina v. Combined Insurance Co. of America
California Court of Appeal
Decided January 31, 2007No. C051148PublishedCited by 20 opinions
1Opinion of the Court
Opinion
DAVIS, Acting P. J.
Plaintiff J. Jay Tamburina (Tamburina) appeals from a judgment of dismissal for failing to bring his action to trial within the five-year statutory period. (Code Civ. Proc., §§ 583.310, 583.360.)
We disagree with the trial court and conclude that Tamburina has cleared two of the three hurdles required to apply the impracticability (tolling) exception to the five-year requirement: (1) he has shown a circumstance of impracticability (lengthy illness) that (2) has a “causal connection” to his failure to move the case to trial. (§ 583.340, subd. (c) (hereafter, section…
2Cases cited19 opinions
- Moran v. Superior CourtCalifornia Supreme Court · 1983
- Hocharian v. Superior CourtCalifornia Supreme Court · 1981
- Beilenson v. Superior CourtCalifornia Court of Appeal · 1996
- Howard v. Thrifty Drug & Discount StoresCalifornia Supreme Court · 1995
- Mileikowsky v. Tenet HealthsystemCalifornia Court of Appeal · 2005
14 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bruns v. E-Commerce Exchange, Inc.California Supreme Court · 2011
- Perez v. GrajalesCalifornia Court of Appeal · 2008
- Gaines v. Fidelity National Title Insurance Co.California Supreme Court · 2016
- De Santiago v. D AND G PLUMBING, INC.California Court of Appeal · 2007
- Brumley v. FDCC CALIFORNIA, INC.California Court of Appeal · 2007
15 more not listed; retrieve them via the Exa API.